Omaha daily bee., 1887-12-08
KIsSANE'S CASE SETTLED.
Recorder Smythe Nolie Presses the
Celebrated Suit.

NEWARK, Dec. 7.-[Special Telegram to
the BEE. The last chapter in the celebrated
and novel case of William Kissane, the Cali
forIiia millionaire forger and tillbusterer,
has been brought to close. The record of his
daring or iminal exploits has been consigned
to oblivion, from which seven months ago it
was taken and spread before the public He
is now free to return to New York,
from which he fed over thirty years
ago to escape trial on the charge of forgery.
Since then the career of William Kissane has
been more like a romance than real life. n
fugtiAe from justice, he never once came
within the jurisdiction of the state. Now,
however, all barriers have been removed and
he is free to come or go at his will. This was
accomplished to-day. From Il pigeon-hole
of the district attorneys Office the indict-
ment-a musty faded sheet of paper
was taken 1t was handed to Re
corder Smythe, who examined it closely,
then seizing his pen he wrote a few words
which robbed the document of all terror for
the California millionaire. The ink with
which the Indictment is written has almost
faded with age. but it is sufficiently distinct
to show that William Kissane was arrested,
chrrged with the crime of forging check
on the Chemical National bank; that he
that the jury disagreed; that he was tried
again June IL of the same year.
when Juror was withdrawn, and that his
council made application to the court to have
the case remmded to the court of oyer and
and terminer, and that in the following week
the application was granted. Until to-day
no further action was taken. According TO
the present criminal law no nolle prosequi
can be entered. II must be dismissed but
under the law existing ut the time the
60, tfI ltIrh t,,,,
could take place and under the old law
Kissane has been released. A nolle prosequi
has been entered. Nine months ago, when
the case came up on application OF kessane' S
| counsel, the recorder was in favor of dis
missing the charge. The proceedings, how
ever, had been irregularly carried on, hence
CHE delay. To-day he decided that ii was
time the case should be ended and accord
ing, under his own hand, he wrote the fol
lowing on the back of the dusty indictment
''The district attorney states that he can
not procure the evidence of witnesses to
maintain this indictment and that the ends of
| Justice would not be secured by moving the
| trial thereof. For these reasons and for the
| further reason that the Indictment was found
| the years ago, the motion of the district at
| torney for leave to enter a nolle prosequi as
| against defendant Kissane is granted.n
| The story of the sudden termination of this
| celebrated case soon spread through the court
| of general sessions building. To say that the
| ODltldlS VI lilt 'utLllNdl Dlilh were SuTpTlStu
! on hearing the news woulb but feebly express
| their advertisement. The cashier, speaking
| in behalf of the bank, said This is the most
| startling information have heard in long
| time and ! find il almost impossible "a
| believe that the indictment has
been quashcd without our knowl.
| edge or consent. We would have
| opposed it vigorously and General Darrc
| who has been ILainly instrumental in expos
| ing Kessanc in California. where he lives
| was Of the belief that the case would soon be
, to lial TD,Gdtyict attorney has given Y.